Projects
  • Croatian Maritime Legislation, International Standards and the EU Law / Vladimir Ibler / 2007.—2013.

    Keywords: maritime law; international conventions; EU law; Croatian Maritime Code; judicial and arbitral practice; carriage by sea.
    Summary:

    The principal goal set by this project is providing a doctrinal background for the further development of the entire maritime legislation of the Republic of Croatia, as well as for its adjustment to internationally adopted standards and the law of the European Union. The development of maritime law is of utmost significance for the economic prosperity of our country, and one of the conditions for its integration into European structures. For this reason, the permanent and systematic analysis of maritime legislation belongs equally to the short-term, as well as to the long-term strategies of scientific research in the Republic of Croatia. The current maritime regulations in Croatia by no means fall behind the regulations of the leading maritime states. The new Croatian Maritime Code entered into force in December 2004. It is necessary to follow how this integral and systematic legislative codex is applied to domestic judicial practice and business. However, new international instruments of unification will be adopted after its entering into force. New trends and legal solutions are already in view in some important domains, such as the carriage of goods by sea; safety of navigation; pollution of marine environment; electronic transport documents; etc. Therefore, it will be essential to amend or modify the provisions of the new Code in conformity with internationally adopted standards. Having in mind the efforts of the Republic of Croatia to accede to the European Union, the project researchers shall put special emphasis on the adjustment of the Croatian Maritime Code to the law of the European Union. Particular attention will also be paid to the study of current solutions in comparative law, as well as to the international codification and unification of maritime law. Taking into consideration modern trends in the transport sector, the project researchers shall carry out a comparative analysis of relevant institutes in different branches of transport.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Building up of the International Legal Personality of the Republic of Croatia / Vladimir-Đuro Degan / 2002.—2006.

    Keywords: succession of states; state creation/disappearance; (international) recognition of a new state; state responsibility; international criminal law; International Criminal Tribunal for the Former Yugoslavia; International Criminal Court; individual liability for international crimes.
    Summary:

    Within the former project, the principal investigator has recently finished a manuscript of the book entitled: Croatian State in the International Community – Historical Development of its International Legal Personality, numbering 403 pages. Translations into Croatian of some documents, which were his task, will be published in it. In his capacity as member of Croatian delegation, he took an active part in the negotiations that resulted in signature of the Agreement on Succession Issues in June 2001 in Vienna. Before its entry into force, this Agreement is subject to ratification by all the contracting parties. It has settled some open questions, such as the one of ''critical dates''. The conclusion of the Agreement is in a way a conclusive step in the emergence of the international legal personality of Croatia and other successor states of the former SFRY. In the process of building up of that personality, a number of other theoretical and practical issues are still to be resolved, especially regarding the implementation of the said Agreement. The principal investigator is one of the members from Croatia in the Standing Joint Committee, in which the negotiations will continue. The matter is of the apportionment of the immovable and movable state properties of the Yugoslav Federation inside it and abroad, of archives, pensions, and other acquired rights of its former citizens. The main problem still to be settled is the considerable amount of the debt of the Ljubljanska banka to the holders of saving accounts outside Slovenia. The matter is of the right to possession as one of human rights. Some of these practical issues seek a theoretical analysis, as well as the research of the former practice of the states and case law, which is the aim of this project. The determination of the land and maritime frontiers of Croatia with neighbouring states falls in the framework of this project. The principal investigator will however continue his research of this particular problem within his usual duties at the Adriatic Institute, and in his capacity of the investigator of the project ''Croatian Maritime Legislation and the International Standards''. There are furthermore some topics that generate fervent political debates, because of the lack of objective consideration in all their aspects, for instance the intervention of the Croatian Army in 1993 in the internal conflict in Bosnia-Herzegovina. There is also the cooperation of Croatia with the International Criminal Tribunal in the Hague.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Croatian Maritime Legislation and the International Standards / Vladimir Ibler / 2002.—2006.

    Keywords: maritime law; the law of the sea; international conventions; EU law; exclusive economic zone; protection of the environment; safety of shipping; carriage by sea; ship; maritime delimitations.
    Summary:

    The aim of this project is to provide a doctrinal background for the further development of the maritime legislation of the Republic of Croatia, in accordance with internationally adopted standards and the law of the European Union (EU). The development of maritime law and the law of the sea is of utmost importance for the overall economic structures existing within the EU. The maritime legislation that is at present in force in Croatia does not fall behind the legislation in other maritime states, such as the United Kingdom, France, Italy, Scandinavian countries, etc. In 1994, the Croatian Parliament (Sabor) enacted the Maritime Code, which was the fist Croatian systematic and integral legislative codex. However, many international legal instruments were adopted after the Maritime Code had entered into force. The provisions of the Maritime Code ought to be modified and amended in conformity with recent international solutions. The Croatian Government continuously makes efforts in order to facilitate the entry of the Republic of Croatia into European structures. Therefore, special attention shall be drawn to the adjustment of the Maritime Code to the EU law. Some important areas of maritime law, such as the protection of maritime environment; carriage of goods and passengers by sea; safety of navigation; marine insurance; etc., require new solutions and further legal development. Within the project, full attention shall be paid to the subject matter of the maritime delimitation of the Republic of Croatia with neighbouring states, as well as to the important topic of the proclamation of the exclusive economic zone. A modern database containing all necessary and actual data on maritime law will be created in the course of the research. The data will be available to relevant bodies and institutions in Croatia.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Emergence of the International Personality of the Republic of Croatia / Vladimir-Đuro Degan / 1996.—2002.

    Keywords: critical date; succession of states; state creation/disappearance; armed conflict: non-international/international; delimitation of state boundaries; international recognition of a new state; disappearance of a state.
    Summary:

    The demise of the former SFRY and the emergence of new successor states in its territory happened in a long-term process of the dissolution of Federal Institutions continued by a coup d'Etat in the Federal Presidency and the submission of the Federal Army to the control of Serbia and Montenegro. Aggression against Slovenia, Croatia and Bosnia-Herzegovina followed. It seems indispensable for the history of the Republic of Croatia and of Croatian people in these areas to ascertain, as much as possible, a sequence of "critical dates". These "critical dates" have a practical importance in the process of state succession (in particular in the apportionment of state property, archives and debts of the predecessor state), in land and maritime delimitation of Croatia with neighbouring states (ascertaining the path of the boundary of the former Socialist Republic of Croatia, which on the date of the succession of States, i.e. the "critical date", became its frontier protected by international law. Further discussed is the application of some rules on serious violations of humanitarian law according to the Statute of the International Criminal Tribunal for the Former Yugoslavia, and in this respect of the "critical date" of the transformation of the "situation of internal disturbance and tension (riots, isolated and sporadic act of violence)" into a "non-international" armed conflict in the territory of Croatia, and finally the "critical date" when the conflict transformed into the "international armed conflict". For grave breaches of the Geneva Conventions of 1949 from Article 2 of the Statute of the International Tribunal, a person can be accused only in the situation of an international armed conflict. The research on this project should result in the ascertainment of some "critical dates", or should confirm or deny conclusions in this respect by international judicial organs (Opinion No. 11 of the Arbitration Commission of the International Conference on the Former Yugoslavia of 16 July 1993 on the dates of the state succession of successor states, and the Decision by the Appeals Chamber of the International Criminal Tribunal in the Tadić case of 2 October 1995). Further discussed are the issues of international law that should be ascertained according to the criteria of this discipline on the basis of the practice of international courts and tribunals, and the practice regarding state succession.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.



  • Theory and Practice of Maritime Legislation of the Republic of Croatia, the International Unification of Maritime Law and the Codification of the Law of the Sea / Vladimir Ibler / 1996.—2002.

    Keywords: maritime law; the law of the sea; international conventions; judicial and arbitral practice; protection of the environment; safety of navigation; maritime transport; ship; persons in maritime law; maritime delimitations.
    Summary:

    The aim of this project is the creation of a doctrinal background for further maritime legislation in the Republic of Croatia, especially through the unification of legal rules of maritime states and the incorporation of some adopted solutions in our municipal legal system. Having in view the "Adriatic orientation" of Croatia in its economic and social development, the development of its maritime law is of utmost importance, especially when tourist industry; safety of vessels and navigation; training of crews; fishing industry; and the protection of maritime environment are concerned. The maritime legislation, which is at present in force in Croatia, is not inferior to the legislation in other maritime states, such as the United Kingdom, France, Italy, Scandinavian countries, etc. The Croatian Parliament has enacted the Maritime Code in 1994. Its text is in its largest part the result of long-term efforts of the Adriatic Institute. This Code, however, necessitates other laws and regulations. In spite of undisputed qualities of our Maritime Code, a permanent survey and research of maritime legislation in other countries, as well as of new international conventions and the practice of municipal and international courts are of utmost importance. Some domains, such as the protection of the environment; safety of navigation; insurance; etc., need new solutions and new legal developments. Croatia cannot disregard the research of developments of law and practice in other Maritime States and at the international level. The purpose of this project is therefore a permanent survey and analysis of developments in municipal law; foreign maritime private law; and the law of the sea, in order to harmonize our national legislation with international trends. The specific purpose of this project is especially a continuous survey of the practice of domestic and international courts and tribunals, of legislation of other states, and of international instruments. The results of our research are continuously translated and published in the periodical of our Institute "Uporedno pomorsko pravo = Comparative Maritime Law". Hence, it is made available to legal divisions of our Government agencies, of our enterprises, and of our faculties.

    Project financed by the Ministry of Science, Education and Sports of the Republic of Croatia.